Legal Question in Family Law in California
I received my ex husbands retirement in late 2009, it was estimated at 83000, but the net amount i received was 60000, my ex thinks that I should be responsible for all debt even what was not paid with the "esop" plan and is now threatening me to take me to court for not making payments all of the payments. I live in california and the final payment made to me was in October 2009.
1 Answer from Attorneys
You will need to check with your final marital settlement agreement to determine how the property and debt was allocated. It may be that you were assigned the retirement but you were also responsible for the debts or taxes on something else to equalize the community property. You should consult with a local attorney or your local family law facilitator to see what rights your husband may have in you paying for the debts on the community property division.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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